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Ellie Dudley

Linda Reynolds v Brittany Higgins is even messier than we thought

Ellie Dudley
Linda Reynolds at the Supreme Court in Perth this week. Picture: NewsWire / Emma Kirk
Linda Reynolds at the Supreme Court in Perth this week. Picture: NewsWire / Emma Kirk

Linda Reynolds’ defamation showdown with Brittany Higgins is turning out to be even messier than we thought.

Already in the first week, we’ve seen Reynolds connect Higgins’ rape to the death of Labor senator Kimberley Kitching.

Higgins posted an allegedly critical Instagram message in the middle of a trial about allegedly critical Instagram messages.

Then there’s Reynolds’ legal team attempt to subpoena the woman behind a new online fundraiser for Higgins, which has already raised tens of thousands of dollars.

And it’s only been four days.

Reynolds is suing Higgins in the WA Supreme Court over a series of Instagram, Twitter and Threads posts that she claims falsely alleged she had “harassed” Higgins, and mishandled allegations of rape made against Bruce Lehrmann.

Higgins is defending the claims.

One of the images of Brittany Higgins released as part of Reynolds’ defamation action against her.
One of the images of Brittany Higgins released as part of Reynolds’ defamation action against her.

The senator spent the bulk of this week in the witness box, first giving evidence in chief, and then being cross-examined by Higgins’ star silk, Rachel Young SC.

We have also been given a glimpse as to how the rest of the trial will play out, including who is going to take the stand.

Former prime minister Scott Morrison is due to give evidence next week, along with Reynolds’ former staffer Nicky Hamer. In the following week we will see former foreign affairs minister Marise Payne in the box, followed by journalist Samantha Maiden and Higgins’ close friend and former political operative Emma Webster.

Reynolds’ former chief of staff Fiona Brown has also been called, but due to medical issues she has indicated her evidence will be given in writing.

Higgins will be the last witness. She was spotted earlier this week signing affidavits at the Australian embassy in Paris but will come to Perth ahead of her scheduled evidence from August 26.

Legal movements

Court House Capital has welcomed Heather Collins as chief investment officer and member of the Investment Committee, responsible for assessing and overseeing investment opportunities for the business across Australia and New Zealand.

Hamilton Locke has announced three lateral partner hires. Gaynor Tracey has left Corrs Chambers Westgarth to head up the firm’s Sydney corporate practice. Also coming from Corrs is Madeleine Kulakauskas who will focus on M&A transactions, while seasoned banking and finance lawyer Luke McShane has joined from Gilbert + Tobin.

Medical cannabis health-tech Montu has welcomed barrister Ian Freckelton KC as a special adviser. Freckelton was counsel for the NT Police Force in Kuman­jayi Walker’s coronial inquest, and is currently involved in the Wieambilla shooting inquest, representing the Queensland Police Commissioner. He is also a long-term advocate for the legalisation of medicinal cannabis.

The Victorian Bar has appointed 25 new senior counsel: Gary Hevey, Peter Matthews, Georgina Connelly, Justin Lewis, Dugald McWilliams, Robert O’Neill, Karen Argiropoulos, Kate Beattie, Stephen Rebikoff, Samuel Hopper, Premala Thiagarajan, Andrew Woods, Michael Stanton, Neill Hutton, Christopher Nehmy, Catherine Pierce, Justin Tomlinson, Maree Norton, Andrew de Wijn, Meredith Schilling, Andrew Meagher, Benjamin Jellis, Catherine Burke, David Yarrow, Matthew Hooper.

Another spat at the Vic Bar

A nasty spat over the acknowledgment of country has broken out at the Victorian Bar.

It began with a social media post from silk and Victorian Bar councillor Gavin Silbert saying he is sick of the “bullshit virtue signalling” which is the Welcome to Country.

“The Indigenous should thank God that Australia was settled by the British and not the French,” the former crown prosecutor wrote. “Perhaps they might ask the Algerians about the consequences of French settlement.”

While he admitted the comments about the French may have gone a step too far, he largely stood by his post when contacted by Ipso Facto this week. “I was being a bit flippant and I shouldn’t have been,” he said. “But this Welcome to Country is driving everybody mad. It’s getting longer and longer and it’s just ridiculous.”

The state Bar has been the battle ground for countless culture wars. So it was hardly a surprise when Silbert’s fellow council-mate Jessie Taylor made her own LinkedIn post, describing his comments as “repugnant”.

“For every ignorant comment by an irrelevant dinosaur, there are 25 people who are excited to see YOU come to the BAR and bring with you all the skills, attributes and superpower your background instills in you,” she wrote, in a post targeted at young multicultural lawyers.

Taylor’s post received rousing support, including from barristers Paul Czarnota and Claire Cuncliffe. She also notably received a “thank you” from magistrate Victoria Campbell.

Tell me what you think at ellie.dudley@news.com.au

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Original URL: https://www.theaustralian.com.au/business/legal-affairs/linda-reynolds-v-brittany-higgins-is-even-messier-than-we-thought/news-story/0f611c03547dbb5ccf01967ef26b62ed